Bill Text: TX HB2911 | 2019-2020 | 86th Legislature | Comm Sub

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Bill Title: Relating to voter registration.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Engrossed - Dead) 2019-05-26 - House adopts conf. comm. report-reported [HB2911 Detail]

Download: Texas-2019-HB2911-Comm_Sub.html

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By: Klick, Lang (Senate Sponsor - Hughes) H.B. No. 2911
(In the Senate - Received from the House May 6, 2019;
May 7, 2019, read first time and referred to Committee on State
Affairs; May 14, 2019, reported favorably by the following vote:
Yeas 9, Nays 0; May 14, 2019, sent to printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED
AN ACT
relating to voter registration.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.002(i), Election Code, is amended to
read as follows:
(i) An applicant who wishes to receive an exemption from the
requirements of Section 63.001(b) on the basis of disability must
submit [include with the person's application]:
(1) written documentation:
(A) from the United States Social Security
Administration evidencing the applicant has been determined to have
a disability; or
(B) from the United States Department of Veterans
Affairs evidencing the applicant has a disability rating of at
least 50 percent; and
(2) a statement in a form prescribed by the secretary
of state that the applicant does not have a form of identification
acceptable under Section 63.0101.
SECTION 2. Section 13.004(c), Election Code, is amended to
read as follows:
(c) The following information furnished on a registration
application is confidential and does not constitute public
information for purposes of Chapter 552, Government Code:
(1) a social security number;
(2) a Texas driver's license number;
(3) a number of a personal identification card issued
by the Department of Public Safety;
(4) [an indication that an applicant is interested in
working as an election judge;
[(5)] the residence address of the applicant, if the
applicant is a federal judge or state judge, as defined by Section
13.0021, the spouse of a federal judge or state judge, or an
individual to whom Section 552.1175, Government Code, applies and
the applicant:
(A) included an affidavit with the registration
application describing the applicant's status under this
subdivision, including an affidavit under Section 13.0021 if the
applicant is a federal judge or state judge or the spouse of a
federal judge or state judge;
(B) provided the registrar with an affidavit
describing the applicant's status under this subdivision,
including an affidavit under Section 15.0215 if the applicant is a
federal judge or state judge or the spouse of a federal judge or
state judge; or
(C) provided the registrar with a completed form
approved by the secretary of state for the purpose of notifying the
registrar of the applicant's status under this subdivision;
(5) [(6)] the residence address of the applicant, if
the applicant, the applicant's child, or another person in the
applicant's household is a victim of family violence as defined by
Section 71.004, Family Code, who provided the registrar with:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate's order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of family
violence;
(6) [(7)] the residence address of the applicant, if
the applicant, the applicant's child, or another person in the
applicant's household is a victim of sexual assault or abuse,
stalking, or trafficking of persons who provided the registrar
with:
(A) a copy of a protective order issued under
Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
magistrate's order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the applicant, the applicant's child, or
another person in the applicant's household is a victim of sexual
assault or abuse, stalking, or trafficking of persons; or
(7) [(8)] the residence address of the applicant, if
the applicant:
(A) is a participant in the address
confidentiality program administered by the attorney general under
Subchapter C, Chapter 56, Code of Criminal Procedure; and
(B) provided the registrar with proof of
certification under Article 56.84, Code of Criminal Procedure.
SECTION 3. Section 13.072(d), Election Code, is amended to
read as follows:
(d) If an application clearly indicates that the applicant
resides in another county, the registrar shall forward the
application to the other county's registrar not later than the
second day after the date the application is received [and, if the
other county is not contiguous, shall deliver written notice of
that action to the applicant not later than the seventh day after
the date the application is received]. The date of submission of a
completed application to the wrong registrar is considered to be
the date of submission to the proper registrar for purposes of
determining the effective date of the registration.
SECTION 4. Section 13.142(a), Election Code, is amended to
read as follows:
(a) After approval of a registration application, the
registrar shall:
(1) prepare a voter registration certificate [in
duplicate] and issue the original certificate to the applicant; and
(2) enter the applicant's county election precinct
number and registration number on the applicant's registration
application.
SECTION 5. Section 13.143(d-2), Election Code, is amended
to read as follows:
(d-2) For a registration application submitted by
telephonic facsimile machine to be effective, a copy of the
original registration application containing the voter's original
signature must be submitted by personal delivery or mail and be
received by the registrar not later than the fourth business day
after the transmission by telephonic facsimile machine is received.
SECTION 6. Section 15.001(a), Election Code, is amended to
read as follows:
(a) Each voter registration certificate issued must
contain:
(1) the voter's name in the form indicated by the
voter, subject to applicable requirements prescribed by Section
13.002 and by rule of the secretary of state;
(2) the voter's residence address or, if the residence
has no address, the address at which the voter receives mail and a
concise description of the location of the voter's residence;
(3) the [month, day, and] year of the voter's birth;
(4) the number of the county election precinct in
which the voter resides;
(5) the voter's effective date of registration if an
initial certificate;
(6) the voter's registration number;
(7) an indication of the period for which the
certificate is issued;
(8) a statement explaining the circumstances under
which the voter will receive a new certificate;
(9) a space for stamping the voter's political party
affiliation;
(10) a statement that voting with the certificate by a
person other than the person in whose name the certificate is issued
is a felony;
(11) a space for the voter's signature;
(12) a statement that the voter must sign the
certificate personally, if able to sign, immediately on receipt;
(13) a space for the voter to correct the information
on the certificate followed by a signature line;
(14) the statement: "If any information on this
certificate changes or is incorrect, correct the information in the
space provided, sign below, and return this certificate to the
voter registrar.";
(15) the registrar's mailing address and telephone
number; and
(16) the jurisdictional or distinguishing number for
the following territorial units in which the voter resides, as
determined by the voter registrar:
(A) congressional district;
(B) state senatorial district;
(C) state representative district;
(D) commissioners precinct;
(E) justice precinct;
(F) city election precinct; and
(G) school district election precinct.
SECTION 7. Section 15.022(a), Election Code, is amended to
read as follows:
(a) The registrar shall make the appropriate corrections in
the registration records, including, if necessary, deleting a
voter's name from the suspense list:
(1) after receipt of a notice of a change in
registration information under Section 15.021;
(2) after receipt of a voter's reply to a notice of
investigation given under Section 16.033;
(3) after receipt of any affidavits executed under
Section 63.006, following an election;
(4) after receipt of a voter's statement of residence
executed under Section 63.0011;
(5) before the effective date of the abolishment of a
county election precinct or a change in its boundary;
(6) after receipt of United States Postal Service
information indicating an address reclassification;
(7) after receipt of a voter's response under Section
15.053; [or]
(8) after receipt of a registration application or
change of address under Chapter 20; or
(9) on discovering a data entry error has been made.
SECTION 8. Section 15.023, Election Code, is amended to
read as follows:
Sec. 15.023. TIME FOR CERTAIN DELETIONS FROM SUSPENSE LIST.
If the name of a voter [whose residence is changed] on the list of
registered voters [registration records to another county election
precinct in the same county] appears on the suspense list, the
voter's name shall be deleted from the list on the date the voter
provides a completed application to register to vote in accordance
with Section 13.002 [voter's registration in the precinct of new
residence becomes effective].
SECTION 9. Section 15.051(d), Election Code, is amended to
read as follows:
(d) The registrar shall maintain with the voter's record an
indication that a confirmation notice was sent to the voter [a list
of the confirmation notices mailed to voters, which for each notice
must include the voter's name and the date the notice is mailed.
The registrar shall maintain and retain the list in accordance with
rules prescribed by the secretary of state].
SECTION 10. Section 15.053(a), Election Code, is amended to
read as follows:
(a) The [Not later than the 30th day after the date a
confirmation notice is mailed, the] voter shall submit to the
registrar a written, signed response to the notice that confirms
the voter's current residence. The response must contain all of
the information that a person must include in an application to
register to vote under Section 13.002.
SECTION 11. Section 15.082(b), Election Code, is amended to
read as follows:
(b) The [fee for each] list shall be provided in accordance
with Chapter 552, Government Code [or portion of a list furnished
under this section may not exceed the actual expense incurred in
reproducing the list or portion for the person requesting it and
shall be uniform for each type of copy furnished. The registrar
shall make reasonable efforts to minimize the reproduction
expenses].
SECTION 12. Section 16.031(a), Election Code, is amended to
read as follows:
(a) The registrar shall cancel a voter's registration
immediately on receipt of:
(1) notice under Section 13.072(b), [or] 15.021, or
18.0681(d) or a response under Section 15.053 that the voter's
residence is outside the county;
(2) an abstract of the voter's death certificate under
Section 16.001(a) or an abstract of an application indicating that
the voter is deceased under Section 16.001(b);
(3) an abstract of a final judgment of the voter's
total mental incapacity, partial mental incapacity without the
right to vote, conviction of a felony, or disqualification under
Section 16.002, 16.003, or 16.004;
(4) notice under Section 112.012 that the voter has
applied for a limited ballot in another county;
(5) notice from a voter registration official in
another state that the voter has registered to vote outside this
state;
(6) notice from the early voting clerk under Section
101.053 that a federal postcard application submitted by an
applicant states a voting residence address located outside the
registrar's county; or
(7) notice from the secretary of state that the voter
has registered to vote in another county, as determined by the
voter's driver's license number or personal identification card
number issued by the Department of Public Safety or social security
number.
SECTION 13. Section 16.032, Election Code, is amended to
read as follows:
Sec. 16.032. CANCELLATION FOLLOWING END OF SUSPENSE LIST
PERIOD. If on November 30 following the second general election for
state and county officers that occurs after the date the voter's
name is entered on the suspense list a registered voter's name
appears on the suspense list, the registrar shall cancel the
voter's registration unless the name is to be deleted from the list
under Section 15.022 or 15.023.
SECTION 14. Sections 16.0921(a) and (b), Election Code, are
amended to read as follows:
(a) Except as provided by Subsection (c), on the filing of a
sworn statement under Section 16.092 alleging a ground based on
residence, the registrar shall promptly deliver to the voter whose
registration is challenged a confirmation notice in accordance with
Section 15.051, unless the residential address provided in the
challenge for the voter is different from the voter's current
residential address indicated on the registration records.
(b) If the voter is delivered a confirmation notice [fails
to submit a response to the registrar in accordance with Section
15.053], the registrar shall enter the voter's name on the suspense
list.
SECTION 15. Section 18.002(c), Election Code, is amended to
read as follows:
(c) An additional copy of each list shall be furnished for
use in early voting and as needed in order to ensure all voters
eligible to vote in an election appear correctly on the original
list.
SECTION 16. Section 18.003(c), Election Code, is amended to
read as follows:
(c) An additional copy of each list shall be furnished for
use in early voting and as needed in order to ensure all voters
eligible to vote in an election appear correctly on the original
list.
SECTION 17. Section 18.005(a), Election Code, is amended to
read as follows:
(a) Each original and supplemental list of registered
voters must:
(1) contain the voter's name, date of birth, and
registration number as provided by the statewide computerized voter
registration list;
(2) contain the voter's residence address, except as
provided by Subsections (b) and (c) [or Section 18.0051];
(3) be arranged alphabetically by voter name; and
(4) contain the notation required by Section 15.111.
SECTION 18. Sections 18.061(b) and (d), Election Code, are
amended to read as follows:
(b) The statewide computerized voter registration list
must:
(1) contain the name and registration information of
each voter registered in the state;
(2) assign a unique identifier to each registered
voter; and
(3) be available to any county election official in
the state through immediate electronic access.
(d) The secretary of state may contract with counties to
provide them with electronic data services to facilitate the
implementation and maintenance of the statewide computerized voter
registration list. The secretary shall use funds collected under
the contracts to defray expenses incurred in implementing and
maintaining the statewide computerized voter registration list.
SECTION 19. Section 18.069, Election Code, is amended to
read as follows:
Sec. 18.069. VOTING HISTORY. Not later than the 30th day
after the date of the primary, runoff primary, or general election
or any special election ordered by the governor, the general
custodian of election records [registrar] shall electronically
submit to the secretary of state the record of each voter
participating in the election. The record must include a notation
of whether the voter voted on election day, voted early by personal
appearance, voted early by mail under Chapter 86, or voted early by
mail under Chapter 101.
SECTION 20. Section 18.0681(d), Election Code, is amended
to read as follows:
(d) If the secretary of state determines that a voter on the
registration list has more than one registration record on file
based on a strong match, the secretary shall send notice of the
determination to the voter registrar of the [each] county with the
oldest registration record in which the voter is registered to
vote. If the voter records identified are:
(1) located in the same county, the voter registrar
may merge the records following a determination that each record
belongs to the same voter using the procedure for the correction of
registration records under Section 15.022; or
(2) located in more than one county, the registrar of
the county with the oldest record may deliver a written
confirmation notice in accordance with Section 15.051 or cancel the
registration of the voter in accordance with Section 16.031(a)(1),
provided that the voter's record in the county with the newest
registration record is not on the suspense list.
SECTION 21. The following provisions of the Election Code
are repealed:
(1) Sections 15.082(c) and (d);
(2) Subchapter F, Chapter 15;
(3) Section 18.0051; and
(4) Section 18.008(c).
SECTION 22. This Act takes effect September 1, 2019.
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